From the Arkansas Advocate:
The Arkansas Supreme Court dismissed Gov. Sarah Huckabee Sanders’ appeals of rulings that forced her to move up special elections for two legislative seats, days after attorneys raised questions about a special justice appointed to hear the cases.
The dismissals mark the end of a legal fight that began last September when Republican Sen. Gary Stubblefield of Branch died, leaving his seat representing a large swath of the River Valley region vacant.
The one-page order noted that Chief Justice Karen Baker and Justice Shawn Womack would have reversed the lower courts’ decision and dismissed both cases for sovereign immunity. Sovereign immunity is a legal doctrine that a state cannot be sued in its own court without its permission.
Cory Cox, who Sanders appointed to hear the case after Baker said Justice Barbara Webb was unable to hear the case, was not sworn in and did not participate in the decision.
The Republican governor called a special election to select someone to serve out the duration of Stubblefield’s term, but set the special general election for June 2026 — after the fiscal session. When Carlton Wing resigned his seat in the House a few weeks later to become the CEO of Arkansas TV, she set the special election for his district for the same date.
Colt Shelby, a District 26 voter who later became the Libertarian Party’s nominee for governor, sued Sanders over the June election dates last October. The Democratic Party of Arkansas filed a separate lawsuit two weeks later over the special election in House District 70, which represents the North Little Rock area.
Circuit court judges in Pulaski County quickly ruled against the schedule set by Sanders and ordered her to hold the special elections earlier.
Sanders ultimately moved the elections after the Arkansas Supreme Court declined to put the rulings on pause while she appealed them.
The lawsuits were filed as Sanders faced backlash in Senate District 26 over her plan to build a 3,000-bed prison in Franklin County, which is in the district. Stubblefield was one of the most vocal critics of the plan in the Legislature prior to his death and was one of five Republicans who helped sink efforts to fund construction in 2025.
Sanders’ original special election dates would have left the seats vacant during this year’s legislative session, which was held in April.
Shelby’s lawsuit accused Sanders of trying to deprive the Senate District 26 voters of a voice in the Senate during the session. Sanders argued the later dates would save taxpayers money while complying with election laws.
The special elections were held in March, and prison funding was not an issue during the fiscal session, after legislative leaders acknowledged in the weeks leading up to it that there were not enough votes necessary to approve construction funding.
The cases were supposed to have oral arguments on May 21, but it was cancelled last week. Attorneys representing the Democratic Party filed a motion this week asking a special justice appointed by Sanders to recuse since the governor is a party to the lawsuit.
And in an unrelated filing the same day, Shelby’s attorney told justices that Cox had discussed with Stubblefield’s daughter the possibility for litigation before the lawsuit was filed.
